OLYMPIA – Washington’s municipal judges are subject to the state’s judicial watchdog agency, yet aren’t allowed to serve on the panel.
A little-noticed item on the Nov. 8 ballot could change that.
Unlike the heavy spending and wars of words generated by the five other statewide ballot propositions, Senate Joint Resolution 8207 – an amendment to the state constitution – is barely a blip on the election radar screen.
Since statehood in 1889, the state constitution has been amended 96 times, sometimes with minor tweaks and other times with significant changes such as women’s suffrage, the state lottery and creation of citizen panels to deal with redistricting and salaries for state elected officials.
The latest proposal is in the fine-tuning category. Even sponsors call it a technical fix to rules dealing with the state Commission on Judicial Conduct. But because the commission makeup is spelled out in the constitution, the Legislature can’t change it by simply passing a new law. It requires a constitutional amendment, with two-thirds approval of both houses, plus voter approval.
The commission, itself created by a constitutional amendment in 1986, is the watchdog group that disciplines judges who violate canons of ethical conduct. The panel, which has an investigative arm, can impose a range of penalties from an admonishment to recommending removal from office.
The 11-member commission includes six nonlawyers appointed by the governor, two attorneys appointed by the bar, and three judges. The Court of Appeals elects one of its own, as do the Superior Court judges.
The final slot is reserved for a representative of local District Court judges.
The problem, say advocates of the ballot measure, is that Municipal Court judges are left out.
“The argument is on an equity basis, that they are subject to the commission’s discipline and shouldn’t be precluded from serving on the commission,” Supreme Court Chief Justice Gerry Alexander said.
The proposed fix would allow either a municipal or district judge to fill the spot, representing all of the courts of limited jurisdiction. Statewide, there are 97 municipal judges, including part-timers, and 109 district judges.
The change cleared the Legislature with only two dissenting votes, and no opposition has formed. No written arguments were provided for the state voters pamphlet.
The amendment is supported by the judiciary, the commission, cities, the Board for Judicial Administration and the District and Municipal Court Judges Association.
“It’s a good change, and the whole judiciary is supporting it,” Alexander said.
Chelan County District Judge Alicia Nakata, president of the district and municipal judges’ association, said the change wouldn’t take effect until Franklin County District Court Judge Jerry Roach’s commission term expires in 2009.
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